BYDFARE PTY LTD

Passenger Terms of Service

Version 1.0 | 2026 | Australia

Please read these terms carefully before using the Bydfare app. By creating a passenger account or requesting a ride, you agree to be bound by these terms in their entirety.

Part A — Definitions and Interpretation

1. Definitions

In these Terms, the following words have the meanings set out below:

2. Interpretation

In these Terms, unless the context otherwise requires:

• Words in the singular include the plural and vice versa.
• References to legislation include all amendments and replacements.
• Headings are for convenience only and do not affect interpretation.
• 'Including' is not a word of limitation.
• References to 'days' mean calendar days unless stated otherwise.

Part B — Eligibility and Account Registration

3. Eligibility

To use the Bydfare Platform as a Passenger, you must:

• Be at least 18 years of age; or
• Be at least 13 years of age and be accompanied by an adult (18+) for the duration of every Ride booked on your account.
• Be legally capable of entering into a binding contract under Australian law.
• Provide accurate, complete and current registration information.
• Hold a valid payment method accepted by the Platform (credit or debit card via Stripe).

4. Account Registration

To use the Platform, Passengers must create an account by providing:

• Full name and valid email address or mobile number.
• Mobile number for OTP (one-time password) verification.
• A linked payment method (credit or debit card).

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify Bydfare immediately if you suspect unauthorised access to your account via the in-app support function or by emailing support@bydfare.com.

Bydfare reserves the right to refuse registration or suspend any account at its discretion, including where Bydfare suspects fraud, misrepresentation or a breach of these Terms.

5. One Account Per Person

Each Passenger may hold only one active account. Creating multiple accounts to circumvent a suspension, avoid a Cancellation Fee, or for any other reason is a breach of these Terms and may result in permanent deactivation of all associated accounts.

Part C — Booking Rides and the Bidding Process

6. Submitting a Ride Request

To request a ride, the Passenger:

• Opens the App and allows location access for GPS pickup detection, or manually enters a pickup address.
• Enters a destination address using the search function.
• Reviews the estimated distance and trip time displayed by the App.
• Enters a proposed Booked Fare in AUD.
• Selects a vehicle type (standard car or van/SUV) and optionally adds a ride note.
• Taps 'Find Drivers' to broadcast the Ride Request to nearby licensed Drivers.

The proposed fare is the Passenger's opening offer. Drivers may accept it, submit a counter-Bid, or decline. The Passenger is not committed to any fare until they accept a Driver's Bid.

7. The Bidding Process

Once a Ride Request is broadcast:

• Nearby Drivers may submit Bids to complete the Ride. Each Bid card displays the Driver's name, photo, star rating, vehicle details, proposed fare and estimated arrival time (ETA).
• The Passenger may accept any Bid at any time during the bidding window.
• The bidding window remains open for 3 minutes. If no Bid is accepted within 3 minutes, the Passenger is prompted to increase their proposed fare or resubmit the request.
• Accepting a Bid creates a binding agreement to pay the Booked Fare to the Driver.

8. Driver Matching and Trip Confirmation

Upon acceptance of a Bid:

• Both the Passenger and Driver receive a confirmation notification.
• The Passenger's app displays the Driver's name, photo, vehicle make, model and registration plate, and live GPS tracking of the Driver's location en route to pickup.
• The Passenger may contact the Driver via in-app chat (text only) to communicate pickup details.
• The Passenger may share live ride tracking with a trusted contact using the 'Share My Ride' function.
• The SOS emergency button is accessible at all times during an active Ride.

Part D — Payment

9. Payment Methods

Fares are paid in AUD by credit or debit card. Visa, Mastercard and American Express are accepted and processed via Stripe. Card details are stored securely by Stripe and never held by Bydfare.

10. Payment Timing and Processing

Payment is processed automatically upon trip completion:

• AUD card payments are charged to the Passenger's linked card immediately upon the Driver marking the trip as complete.
• A digital receipt is issued to the Passenger via email and in-app after every trip, detailing the Booked Fare, payment method used and trip details.
• If a payment fails (e.g. insufficient card funds), the Passenger will be notified immediately and must resolve the outstanding balance before booking further rides. Bydfare may suspend the Passenger's account until the outstanding balance is settled.

Drivers receive 100% of the Booked Fare. Bydfare does not take a commission on rides.

Part E — Cancellation and Refunds

11. Passenger Cancellation

11.1 Cancellation Before Driver Departs

A Passenger may cancel an accepted Ride at any time before the Driver has departed towards the pickup location. No Cancellation Fee applies in this circumstance. The Passenger will receive a full refund of any pre-authorised payment amount.

11.2 Cancellation After Driver is En Route

If a Passenger cancels a Ride after the Driver has commenced travel towards the pickup location, a Cancellation Fee applies. The Cancellation Fee is calculated as follows:

The Cancellation Fee is charged to the Passenger's linked payment method at the time of cancellation. The Cancellation Fee is paid to the Driver as partial compensation for travel time and fuel costs. Bydfare does not retain any portion of the Cancellation Fee.

11.3 Cancellation by Driver

If a Driver cancels an accepted Ride, no Cancellation Fee is charged to the Passenger. The Passenger will receive a full refund of any pre-authorised amount and may immediately submit a new Ride Request.

12. Refund Policy

Bydfare's refund policy is as follows:

All refund claims are subject to investigation by Bydfare's support team. Bydfare may request evidence (e.g. screenshots, trip data) to support a refund claim. Refunds are processed to the original payment method within 3–5 business days of approval.

Part F — Passenger Conduct and Safety

13. Passenger Conduct Standards

Passengers must at all times during a Ride and in all interactions on the Platform:

• Treat Drivers with courtesy and respect, free from any discrimination, harassment or abuse.
• Comply with the Driver's reasonable instructions regarding vehicle safety and seating.
• Wear a seatbelt at all times during the Ride.
• Not bring animals into a Driver's vehicle without prior consent from the Driver (except registered guide dogs or assistance animals, which must be accommodated by law).
• Not consume food, alcohol or any substance in the vehicle without the Driver's consent.
• Not damage, soil or tamper with the Driver's vehicle.
• Not request the Driver to exceed the speed limit or engage in dangerous driving.
• Not use threatening, abusive or offensive language toward the Driver.
• Not engage in any physical contact with the Driver without their consent.
• Not request the Driver to collect or deliver items without the Passenger being present in the vehicle.
• Ensure children under 7 years of age are in an appropriate child restraint where required by law.

14. Tiered Breach Framework — Passengers

14.1 Minor Breaches

The following are Minor Breaches that may result in a warning or temporary suspension:

• Repeated late cancellations or no-shows (3 or more in any 30-day period).
• Sustained Passenger rating below 3.0 stars (after 30+ completed rides).
• Failure to pay an outstanding Cancellation Fee or balance.
• Minor discourtesy toward a Driver as reported and substantiated by Driver rating or complaint.
• Providing inaccurate pickup location information causing Driver inconvenience.

Process for Minor Breach:

• Bydfare issues a written warning via the App and email, detailing the breach.
• The Passenger has 7 days to respond or remediate the breach.
• Three Minor Breaches within any 6-month period may be escalated to a Major Breach.

14.2 Major Breaches

The following are Major Breaches for which Bydfare may immediately suspend and/or permanently deactivate the Passenger's account:

• Physical or verbal assault, harassment or threatening behaviour toward a Driver.
• Any form of sexual misconduct toward a Driver.
• Deliberate damage to a Driver's vehicle.
• Fraud or misrepresentation, including chargebacks made in bad faith.
• Allowing an unaccompanied minor under 18 to use the Passenger's account.
• Creating multiple accounts to evade a suspension or avoid fees.
• Any conduct that poses an immediate risk to Driver or public safety.

For Major Breaches, Bydfare may immediately suspend the account and investigate. The Passenger will be notified within 24 hours. A Passenger may appeal any deactivation decision by emailing appeals@bydfare.com within 14 days, following the same appeals process as outlined for Drivers in the Bydfare Driver Terms (mediation, then arbitration, then courts).

15. Safety Features

The following safety features are available to all Passengers at all times during an active Ride:

• SOS Emergency Button: A single tap initiates a two-step confirmation, then automatically dials 000 (Australian Emergency Services) and sends the Passenger's GPS location and ride details to their nominated emergency contact. Bydfare's operations team is simultaneously alerted.
• Share My Ride: The Passenger may send a live tracking link to any contact via SMS or WhatsApp. The link displays the Driver's details, vehicle registration, and real-time GPS location. The link expires when the Ride ends.
• In-App Chat: Text-only communication with the Driver is available from match confirmation to Ride completion. No phone number exchange is required.
• Emergency Contact: Passengers are encouraged to nominate an emergency contact in their profile settings before their first Ride.

Part G — Ratings

16. Passenger Rating

After each completed Ride, the Driver rates the Passenger on a scale of 1 to 5 stars. The Passenger's rating is a rolling average of all ratings received and is visible to Bydfare for platform safety and quality management.

A Passenger rating below 3.0 stars (after 30+ completed Rides) may result in restricted access to the Platform, including reduced visibility to Drivers during the bidding process or temporary suspension pending review.

17. Passenger Rating of Drivers

After each completed Ride, the Passenger is prompted to rate the Driver (1–5 stars) and may leave an optional written review (maximum 300 characters). Ratings are used to maintain Driver quality standards on the Platform.

Passengers must not submit ratings that are false, misleading or retaliatory. Repeated submission of false ratings constitutes a Minor Breach.

Part H — Liability

18. Bydfare's Role and Limitation of Liability

Bydfare is a technology platform that connects Passengers with independent Driver contractors. Bydfare does not itself provide transportation services. The transport contract for each Ride is formed directly between the Passenger and the Driver.

To the maximum extent permitted by law, Bydfare's total liability to the Passenger in connection with these Terms and the Platform — whether in contract, tort (including negligence), statute or otherwise — is limited to the total fares paid by the Passenger via the Platform in the 3 months immediately preceding the event giving rise to the claim.

Bydfare is not liable for:

• Any loss, injury or damage caused by a Driver's conduct, negligence or failure to provide the Services safely.
• Any loss caused by the Passenger providing incorrect pickup or destination information.
• Any indirect, consequential, special or punitive loss or damage of any kind.
• Any loss caused by events outside Bydfare's reasonable control, including cloud network disruptions, cyberattacks or natural disasters.

19. Passenger Liability for Damage

The Passenger is liable for any damage to a Driver's vehicle caused by the Passenger's conduct during a Ride, including but not limited to soiling, breakage or vandalism. Bydfare may charge a cleaning or repair fee to the Passenger's linked payment method as described in Clause 14.2.

If a dispute arises regarding damage, Bydfare will review photographic evidence provided by the Driver and give the Passenger an opportunity to respond before any fee is charged.

20. Consumer Law Rights

Nothing in these Terms excludes, restricts or modifies any right or remedy the Passenger may have under the ACL that cannot be excluded by law, including consumer guarantees. Where Bydfare is unable to exclude liability under the ACL, Bydfare's liability is limited to the remedies available under the ACL.

If you have a complaint about the Platform or a Ride, please contact Bydfare in the first instance via the in-app support function or at support@bydfare.com. If your complaint is not resolved to your satisfaction, you may contact the relevant consumer protection authority in your state or the ACCC.

Part I — Dispute Resolution

21. Dispute Resolution Process

The parties agree to attempt to resolve any dispute arising from or in connection with these Terms through the following sequential process before commencing court proceedings:

21.1 Step 1 — Internal Resolution

The Passenger must raise any dispute with Bydfare in writing via the in-app support function or by emailing support@bydfare.com. Bydfare will respond within 5 business days and the parties will attempt to resolve the dispute within 21 days.

21.2 Step 2 — Mediation

If not resolved through internal resolution within 21 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC). Mediation costs are shared equally unless the mediator orders otherwise.

21.3 Step 3 — Arbitration

If mediation does not resolve the dispute within 30 days of mediator appointment, either party may refer the dispute to binding arbitration administered by the Resolution Institute under its Arbitration Rules. Arbitration shall be conducted in English in Sydney, New South Wales. The arbitrator's award is final and binding.

21.4 Step 4 — Courts

Either party may commence court proceedings only after completing Steps 1–3, except where urgency or injunctive relief is required to prevent irreparable harm.

These Terms are governed by the laws of the Commonwealth of Australia and, where Commonwealth law does not apply, the laws of the state in which the Ride took place.

Part J — General Provisions

22. Amendments

Bydfare may amend these Terms at any time. Where an amendment materially affects the Passenger's rights or obligations, Bydfare will provide not less than 30 days' written notice via the App and email. Continued use of the Platform after the effective date constitutes acceptance of the amended Terms. If you do not agree to the amended Terms, you may close your account before the effective date.

23. Privacy

Bydfare collects, uses and discloses the Passenger's personal information in accordance with its Privacy Policy and the Privacy Act 1988 (Cth). By creating an account, the Passenger consents to the collection and use of their personal information as described in the Privacy Policy, including for payment processing, ride matching and safety purposes.

24. Entire Agreement

These Terms, together with Bydfare's Privacy Policy, constitute the entire agreement between the Passenger and Bydfare with respect to the Passenger's use of the Platform.

25. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.

26. Waiver

A failure or delay by Bydfare to exercise any right or remedy does not constitute a waiver. No waiver is effective unless in writing.

Acknowledgement and Agreement

By creating a Bydfare passenger account or using the App to request a Ride, you confirm that:

• You have read, understood and agree to be bound by these Passenger Terms of Service.
• You meet the eligibility requirements in Clause 3, including minimum age requirements.
• All registration information you have provided is accurate, complete and current.
• You understand Bydfare is a technology platform and not a transport provider.
• You accept the fare negotiation model and understand that accepted fares are binding.

© 2026 Bydfare Pty Ltd. All rights reserved.